This agreement represents the complete
agreement and understanding between PersonaWeb and the
account holder (hereinafter called Customer) and supersedes
any other written or oral agreement. Upon notice published
online via PersonaWeb services, PersonaWeb may modify
these terms and conditions, amplify them, and/or modify
the prices, as well as discontinue or change services
offered.
If you do not agree to these terms and conditions, please
notify us at 1-909-606-9175 to cancel your account. Use of your account shall constitute your approval.
- Definitions:
Basic Site Changes - Basic Site Changes include minimal text or picture edits which are allowed once per month without charge, submitted in batches through the Personaweb Change Form .
Web Site - Your entire web site, including all web pages and services.
Web Page(s) - Each individual page within your web site. Web Pages are generally counted as two full mouse scrolls on a typical monitor screen or somewhere between 200 to 400 words in a web page and/or between 1 to 5 pictures on a web page.
Additional Web Pages / Site Additions - Web pages or site additions beyond the original Proposal / Scope of Services Agreement.
- Services provided to the Customer by PersonaWeb
may only be used for lawful purposes. Transmission
or publication of any information, data or material
in violation of any U.S. Federal or state regulation
or law is prohibited. This includes, but is not limited
to, material protected by copyright, trade secret
or any other statute, threatening material or obscene
material. PersonaWeb reserves the right to remove
any and all materials which infringe on copyright
work. Such materials will be removed at any time upon
receiving a complaint and or notice of copyright infringement.
- Customer agrees to defend, hold harmless and expeditiously
indemnify PersonaWeb from any liability, claim, loss,
damage or expense arising out of the indemnifying
party's breach or violation of any covenant contained
in this Policy and resulting from the Customer's use
of the service.
- Basic Site Changes are allowed once per month and are limited to a reasonable amount of data that can be placed in the change form which is available to Customers here. The User Name is "user1" and the password is "pass1." When submitted through this form, changes are generally made within 48 business hours. Site change opportunities are not cumulative and are allowed only once per month in batches.
- Additional Web Pages or Site Additions are billed at $50.00 per web page (up to 400 words supplied by the Customer) with a minimum charge of $100.00 per occurance.
- PersonaWeb accounts cannot be transferred or used
by anyone other than the subscriber. Customers may
not sell, lease, rent or assign the connection or
parts of the connection to any party not named in
this Policy. Customer may allow ftp access to its
server and host websites for its customers without
violating this Policy.
- PersonaWeb reserves the right to cancel service
for any reason without prior notice. In case of cancellation,
unused fees may be returned to the subscriber on a
pro-rata basis. Fees paid for design and/or setup and the first month's
service are not refundable.
If a customer re-registers after PersonaWeb's cancellation
of the account without PersonaWeb's written consent,
PersonaWeb will cancel Customer's account and all
dues and fees paid to date regardless of whether service
has been rendered will be forfeited. Additionally,
any amounts due will be immediately payable.
- Design and Setup fees are not refundable.
- It will be the
responsibility of the Customer to contact PersonaWeb
in writing or via email for any cancellation of services.
- Additionally, Customer agrees not to utilize the
PersonaWeb service, equipment or email address in
connection with the transmission of the same or substantially
similar UNSOLICITED message to 50 or more recipients
or eight or more newsgroups in a single day. CUSTOMERS
responsible for violating this clause of the PersonaWeb
Acceptable Use Policy will be fined $200 per message.
Payment by Customer under this provision shall not
prevent PersonaWeb from seeking other legal remedies
against Customer .
- Customer agrees not to transmit, promote, or otherwise
make available any software, product or service that
is either illegal or designed to violate this Agreement.
Such software, products or services include, but are
not limited to, programs designed to send unsolicited
advertisements (i.e. "spamware") and services which
send unsolicited advertisements.
- PersonaWeb requires that its agreements be made
with a person who is qualified to contract. As such,
subscriber must be over the age of eighteen (18) years.
Otherwise, a parent or guardian must accept this agreement
and enclose the proper payment. PersonaWeb cannot
accept payments from persons who are not at least
eighteen (18) years of age, nor can we accept agreements
from persons who are not at least eighteen (18) years
of age.
- Customer shall ensure that its use of PersonaWeb's
network services shall not disrupt PersonaWeb, its
associated networks or equipment forming part of the
systems. In instances in which an excessive amount
of system resources are utilized by a subscriber,
PersonaWeb reserves the right to place CPU process
limits on the Customer's account to prevent disruption
of service to other customers. Customers shall not
transmit any communication where the meaning of the
message, or its transmission or distribution, would
violate any applicable law or regulation or would
likely be offensive to the recipient thereof. No message
may be mass distributed, "broadcast," or otherwise
sent on an intrusive basis to any PersonaWeb user
or to any directly or indirectly attached network.
Use of PersonaWeb's connection in a manner that is
disruptive, damaging, unlawful, offensive, or intrusive
as determined by PersonaWeb shall be considered a
breach of this Policy and may result in cancellation
of service. This prohibition extends to sending of
unsolicited mass mailings from another service which
in any way implicates the use of PersonaWeb's service,
PersonaWeb's equipment or any site hosted on any PersonaWeb
network.
- Customer warrants that any material submitted for
publication on PersonaWeb does not violate or infringe
any copyright, trademark, patent, statutory common
law or proprietary interest of others or contain anything
obscene or libelous. PersonaWeb reserves the right
to remove any and all materials which infringe on
copyright work. Such materials will be removed at
any time upon receiving a complaint and or notice
of copyright infringement.
- If PersonaWeb becomes aware of material that could
be infringing on a third party's copyright, it will
initiate an investigation. To conduct an investigation
of copyright infringement, the Complainant must submit
at least two items. First, Complainant must submit
a claim in writing with the applicable copyright or
trademark registration number and a copy of the underlying
copyrighted work along with the Customer's materials.
Second, Complainant must offer a good faith certification
signed under penalty of perjury. This certification
must state that the work is the property of the Complainant,
that the work has been copied and that use of the
work is not defensible. With this information in-hand,
PersonaWeb, at its discretion, may, at any time deny
access to the challenged material of Customer.
- Use of other organizations' networks or computing
resources is subject to their respective permission
and usage policies.
- For all new domains purchased at http://affinitydomain.com,
there is a yearly non-refundable registration fee.
View pricing details. You
will receive a bill for domain renewals from Affinity
Domain. You are responsible for renewals.
- Use of PersonaWeb's hosting services could involve
listing subscriber's participation in relevant directories,
and subscriber expressly grants permission for such
listings.
- Although all hosting plans permit data
transfer, each plan is subject to a surcharge in the
event usage exceeds the certain allotted limits. Customer is responsible for charges related
to excessive bandwidth.
- PersonaWeb makes no warranties of any kind, whether expressed or implied, for the service it is providing. PersonaWeb also disclaims any warranty of merchantability or fitness for a particular purpose. PersonaWeb will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties.
- If you believe that your work has been
copied in a way that constitutes copyright infringement
by a PersonaWeb customer ("the Customer"), you ("the
Complaining Party") must first provide PersonaWeb’s
Copyright Agent with the following information in
writing ("the Notification"):
- an electronic or physical signature of the person
authorized to act on behalf of the owner of the
copyright interest that is allegedly infringed;
- a description of the copyrighted work that you
claim has been infringed; if multiple copyrighted
works at a single site are covered by a single
notification, then include a representative list
of such works at that site;
- a description of where the material that you
claim is infringing is located on the site sufficient
to permit us to locate the allegedly infringing
material;
- your address, telephone number, and email address;
- a statement that you have a good faith belief
that the disputed use is not authorized by the
copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury,
that the above information in your Notice is accurate
and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
PersonaWeb's Copyright Agent for Notice of claims
of copyright infringement on its site can be reached as follows:
By mail:
Copyright Agent
c/o Personaweb
15942 Los Serranos Country Club Drive.
Chino Hills, CA 91709
[email protected]
Upon receipt of the written Notification containing
the above information by the Complaining Party, and
only upon receiving such Notification, PersonaWeb
will:
- Remove or disable access to the material that
is alleged to be infringing;
- Forward the written notification to the alleged
infringer ("the Customer");
- Take reasonable steps to promptly notify the
Customer that it has removed or disabled access
to the material.
In response, the Customer may send a "Counter-Notification" to PersonaWeb. To be effective, the Counter-Notification
must be in writing and include the following information:
- The Customer’s physical or electronic signature;
- Identification of the material that has been
removed or to which access has been disabled and
the location at which the material appeared before
it was removed or access to it was disabled;
- A statement under penalty of perjury that the
Customer has a good faith belief that the material
was removed or disabled as a result of a mistake
or misidentification of the material to be removed
or disabled;
- The Customer’s name, address, and telephone
number, and a statement that the Customer consents
to the jurisdiction of the Federal District Court
in which the address is located, or if the Customer
is outside the United States, for any judicial
district in which PersonaWeb may be found, and
that the Customer will accept service of process
from the person or his agent who provided the
original Notification.
Upon receipt of the written Counter-Notification containing
the above information by the Customer, and only upon
receiving such Counter-Notification, PersonaWeb will:
- Provide the Complaining Party with a copy of
the Counter-Notification;
- Inform the Complaining Party that it will replace
the removed material or cease disabling access
to it within ten (10) business days;
- Replace the removed material or cease disabling
access to the material within ten (10) to fourteen
(14) business days following receipt of the Counter-Notification,
provided PersonaWeb’s Copyright Agent has not
received notice from the Complaining Party that
an action has been filed seeking a court order
to restrain the Customer from engaging in infringing
activity relating to the material referenced in
the Notification.
- Any party seeking to report any other potential
violations of this Agreement may contact PersonaWeb
via email at [email protected].
- Transferring your domain to another provider does
not constitute canceling your PersonaWeb account.
You must notify PersonaWeb to formally cancel your
account with PersonaWeb to avoid further charges.
- On occasion, PersonaWeb may have a need to communicate
with its customers through email issues related to
billing, as well as changes, additions and modifications
to the network. It is the responsibility of the customer
to check email sent to the primary login email address
on the account.
- It is the responsibility of the customer to contact
PersonaWeb of any changes to their account, such as
phone number, address, credit card information, etc.
Customers will be required to provide verification
for security purposes authorizing them to make any
changes to that account.
Special Terms for PTAWebsite.com
- Service on PTAWebsite.com and PTAWebsite.org is available only to those organizations that have the right to use the term PTA. If an organization is not affiated with the National PTA based in Chicago, they must use a different name.
- All above terms, except for fees stated apply to PTAWebsite sites as well.
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